I was involved in a car collision, the other driver has the same insurance as myself. An offer was made for $400, do I need atty

Walnut, CA | May 18, 2012 3:34am

I injured my chest and saw my doctor, but I could not afford the medication. Both cars were repaired by the insurance company. I just received a call from our insurance agent and she said the other party is offering me $400 to settle. The collision report indicated it was an equal fault. This sounds like the other party is admitting their fault. I told the agent that I needed to discuss this with my husband and she told me regardless of who I spoke to, she was sending the formal offer to me in the mail, and that I needed to sign and return it. My husband and I think we might need legal representation.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

Legal Disclaimer:

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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Yes, you absolutely need an attorney in such an instance. Don't accept or respond to the offer until you consult with an attorney.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

A "Low-ball" offer is an insurance company settlement attempt to get rid of a claim for far less then the amount that the claim is worth. This is what is being thrown in your direction. You are smart to think twice. Be even smarter by retaining an experienced attorney in your jurisdiction.